I pray that the parents of franchise bar lawyers can forgive their brats for squandering their lives trading in franchisee deceit.

November 9, 2019

Is there a special place in hell for those that prey on the most vulnerable?

Which shareholder enables the franchisee class-action game?

June 29, 2017

The informal franchisee leaders. The organizers. The “white knights”.

When the class-action fraud sausage explodes, You can’t really blame the lawyers for pandering to your lack of wholeness, wisdom, and confidence.

Can you?

Everybody needs friends

August 16, 2010

Les Stewart needs them, when the road turns.

You’ve Got to Have Friends, Bette MIdler

And I am all alone
There is no one here beside me
And my problems have all gone
There is no one to deride me

But you got to have friends
The feeling’s oh so strong
You go to have friends
To make that day last long
I had some friends but they’re gone
Someone came and took them away
And from the dusk till the dawn
Here is where I’ll stay

Standing at the end of the road, boys
Waiting for my new friends to come
I don’t care if I’m hungry or bored
I’m gonna get me some of them

Cause you got to have friends
La la la la la la la la la
Friends, that’s right,
Oh you, yeah you, I said
You got to have some friends
Something about friends
That’s right friends
Friends, friends, friends

I had some friends oh but they’re all gone, gone
Someone came and snatched them away
And from the dusk until the very dawn
You know here is where I gotta stay
Here is where I gotta stay
And I’m standing at the end of a real long road
And I’m waiting for my new friends to come
I don’t care if I’m hungry or freezing cold
I’m gonna get me some of them

Cause you got to have friends
That’s right friends
Friends,….I gotta be mine, I gotta be mine
I gotta see all of my friends, friends
Friends, friends, friends

For my friend from Brantford

July 30, 2010

The Band was a band’s band.

Their music instructor was their keyboardist Garth Hudson.

The Last Waltz, 1976

Franchising, race and religion are often linked

May 21, 2010

It is much easier to degrade someone who is different from you.

Franchisees sense this degradation because class are not so vehemently denied in their country of origin.

Impertinent franchisees must learn to keep in their rightful place.

America as a Christian Nation, America as a White Nation, Racism & White Supremacy in American Christianity, Austin Cline

Exit interviews prevent franchise management corruption

May 9, 2010

Absolute power corrupts absolutely.

Good companies acknowledge this human tendency and act to protect their shareholders’ value.

Exit interviews with leaving employees prevents and uncovers manager-initiated risky behavior such as bullying, harassment and corruption.

Franchise systems are very vulnerable to corruption by low- and middle-management because of there is no natural organizational corruption counter-weight.

Brilliant systems would conduct these interviews in co-operation with their Attorneyless Franchisee Network.

Rampant management incompetence, bribes and kickbacks. When managers can favor one franchisee over another, have absolute discretion with zero franchisee appeal mechanisms, cash always changes hands. Always.

  • What is the going rate for shifting an account from one franchisee to another?
  • A whole block of business?
  • 10%, 20% cash upfront? vacations? gifts?

A consequence for silencing all franchisees is a flourishing management black market for “favours asked, favours given“.

Barfblog: Good reading for everyone that eats

January 15, 2010

Also, Barfblog should be required reading for those involved with the restaurant or food franchising sectors.

Dr. Doug Powell, CV and his friends at Kansas State University provide an entertaining and extremely usefuld service as they comment on various food safety issues.

His Yuck factor category is great fun.

Powell must be good: he’s a transplanted Canadian and I saw on The Dr. Oz Show!!

Today’s tip: make sure you use a digital thermometer and cook chicken to an internal temperature of at least 165 (F).

Arch Brown (1928-2009), Canadian franchisee

November 18, 2009

One of my former customers passed away on Monday.

Arch Brown was a very special man although I only knew him a bit. A gracious man; someone that knew who he was and where he was supposed to be.

A man of service to others, support for the community and education.

When I was morphing from a struggling lawn care franchisee into whatever the hell I am now, I was told the grocery, auto and Canadian Tire franchisees had a good thing going and that only the CT guys had the brains, guts and compassion enough to hold on.

Arch was always fair with me and our chats on his lawn,  I’ll remember them.

Mr. Barrie. Philanthropist. Father. Retired franchisee.

These are just labels. Arch was the real deal.

Everyone knows where Barrie is: It’s the place you go through to get someplace better. We all should grow where we’re planted because landscape…geography matters. That is,  until your ride shows up.

Chay, friend.

Sue the Leafs/NHL cartel in eMcKangaroo Court

May 10, 2009

nhlTorontoMapleLeafsThe law creates just outcomes only in some cases.

In franchise law, the justice is delivered to those that control access to the Courts and the political process. Only franchisors and large franchisees have that clout.

The latest proof of this policy and law bias, is that the NHL and the Toronto Maple Leafs should be sued in an Ontario Superior Court for their unfair dealings, racketeering and extortion activities.

That won’t happen because franchising and especially sports franchising is a monopoly game played by insider credence good cheaters.

But: Why not try the bastards in a virtual Court room? I propose a McKangaroo Court to ease our pain. A mock trial for a phony form of competition (ie. sports franchises).

Hockey Maniacs: In southern Ontario, pro hockey is a God. The Toronto Maple Leafs have been able to sell out every game for over 40 years by providing, at best, a fitfully mediocre product (eg. a competitive sports team). Think of the Big Auto before Toyota and Honda showed up.

The Leafs owner’s are monopoly players in the world’s most lucrative hockey market. A normal fan can only dream of attending a game with their kids anymore.

Jim Balsillie has been trying to bring another professional hockey team to southern Ontario for some time now. His most recent attempt is to offer over $200 million to rescue the Chapter 11 Phoenix Coyotes and move them to southern Ontario, Canada.

But other 30 NHL owners (franchisees acting like franchisors, 25 which are U.S.-based cartel) have other ideas. And the encroachment  kickback to the Leafs and Buffalo Sabres is extortion: plain and simple.

The Globe and Mail reports on legal action, taken by the current owner of the Phoenix Coyotes in an article, NHL acting like ‘illegal cartel’, Coyotes charge:

“The NHL is excluding competition and restraining trade in [the United States and Canada] through the application of unreasonable restrictions in its constitution and bylaws, which are preventing the relocation of the Coyotes from Phoenix, Ariz., to Hamilton, Ont.,” said the lawsuit filed yesterday in Phoenix.

The suit also takes aim at Maple Leaf Sports and Entertainment [MLSE], which owns the Toronto Maple Leafs, alleging it has colluded with the league for years to preserve “market power” in the Greater Toronto Area. Prohibiting relocation deprives hockey fans of “increased competition, lower prices, higher quality and more variety,” the suit alleged. WikidFranchise.org citation

Remember: monopolies are “bad” because they creates market inefficiencies and distortions that are manifested in these very real and pernicious anti-competitive practices:

  1. Predatory pricing,
  2. Tied buying,
  3. Short- or forced-shipping,
  4. Encroachment,
  5. Economic conspiracy and
  6. Refusal to deal and exclusive dealing.

Alan Eagleson a disbarred agent/NHL power broker is THE poster boy for all credence good experts to this very long-suffering Leafs fan.  Wikipedia, WikiFranchise.org

Argument: The Arthur Wishart Act (Franchise Disclosure), 2000 governs all franchise commercial relations in Ontario, Canada.

  1. MLSE is acting as a “franchisor’s associate” under Section 1.1 (“franchisor’s associate, a. and b.).
  2. As a “franchisor’s associate”, Wishart treats MLSE is treated as if it were the franchisor (the same duties and responsibilities as the “normal” franchisor, in this case, the NHL).
  3. Section 3 creates an obligation by all parties:  “a duty of fair dealing in its performance and enforcement.”

I think the citizens of southern Ontario deserve to have their pro hockey fix met by the appropriate franchising corporations.

The Maple Leafs and the NHL  show their contempt for their real customers (ticket holders) by continuing to run their robber baron scam. For these offenses, they deserve to be sued.

And I bet there some CDN hockey nut franchise legal beagles that’d love to write up the arguments.

In this way, the problems that non-billionaire business format franchisees endure can be explained to the public while showing where the real weasels live.

Michael Webster: Defining legal relationships in Ontario and Problem solving

April 30, 2009

bizopcaDr. Michael Webster has an interesting background.

Michael runs a very influential weblog called the The Bizop News: Misleading Advertising Law. Some of the topics he covers are: fraud, ponzi schemes, franchising, lawsuits, business opportunities, MLMs, due diligence, and recovery of losses. He is very active cornerstone member of Blue MauMau and the AAFD.

Many people, however, fail to appreciate how deep Michael’s fraud and contract knowledge goes.

Recently he helped me out by drawing attention to a very worthwhile charity I am involved in, The David Busby Street Centre in Barrie, Canada (see Get a Date with Paul Henderson).

Legal Relationships: There are only 3 types of commercial relationships in Ontario, Canada and their related branch of laws. NOTE: 100% of all relationships are one of these three, there are no exceptions:

  1. employer/employee (labour law),
  2. independent contractor (contract), and
  3. franchisee/franchisor (Arthur Wishart Act (Franchise Disclosure), 2000).

Each of the 3 are defined in specific statute and regulation or British common law practice.

Some organizations do not have a very clear idea which of the 3 classes they are involved in in a specific situation. This can be done intentionally (as an advantage to the dominant party, acting opportunistically) or unintentionally (they’re just ignorant of the law).

However, even if an organization is ignorant of the law, their directors can be held liable for breaches of any of the three classes of law.

If the office holders are acting outside of their duties, the liability falls on them as individuals.

In 1998, I founded the Canadian Alliance of Franchise Operators, CAFO which worked to help Ontario’s 40,000 franchisees. Some franchise systems ignore the Wishart Act by misrepresenting themselves as independent contractors, licensees, dealers, etc. The penalities for showing contempt for the Ontario law (when challenged) are very substantial.

Michael and me: Michael served on CAFO’s board as Chief Counsel for several years. His generosity, support and ability to instruct (PhD & LLB) have always been very appreciated. As a franchise lawyer he is often called upon to diagnose what category a specific relationship is actually under Ontario law.

Documents may say one thing but the actual day-to-day duties may actually suggest the relationship is something else. For example, a document may say it is an independent contract but the duties and funding may be judged to be an employee/employer relationship.

Michael is also an excellent mediator and his former partners know a good deal about Ontario labour law, I recall. I always look forward to working with Michael and recommend him to anyon in a legal pickle.

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